Dismissed

Maya Devi W/O Shri Narottam Lal v. Ashok Kumar, S/O Laxmi Narain

Rajasthan HC30 May 2023CRW/23/2022

Case brief

AI extract

What is this about?

The High Court of Rajasthan dismissed a civil review petition filed to challenge an order dismissing a second appeal. The Court held that the petitioners had not pointed out any error apparent on the face of record, and thus the petition was not liable to be entertained.

What did the court decide?

The review petition is dismissed; stay application and pending applications are disposed of.

Maya Devi W/O Shri Narottam Lal Vs Ashok… — Civil Procedure and Limitation | Rajasthan HC (2023)

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[2023/RJJP/012547]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Review Petition No. 23/2022

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S.B. Civil Second Appeal No.240/2016

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Maya Devi W/o Shri Narottam Lal, R/o Sainath Khidkia, Karauli.

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Narottam S/o Shri Durga Lal, R/o Sainath Khidkia, Karauli.

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----Petitioners

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Versus

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Ashok Kumar, S/o Laxmi Narain, R/o Bhoodara Bazar, Karauli.

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Dinesh Kumar S/o Laxmi Narain, R/o Bhoodara Bazar, Karauli.

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----Respondents

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For Petitioner(s) : Mr. Koshlesh Sharma for Mr. Malkhan Chaturvedi For Respondent(s) :

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HON'BLE MR. JUSTICE SUDESH BANSAL

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Order

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30/05/2023

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The instant review petition has been filed by petitioners seeking review of the order dated 23.03.2022 passed by this Court in SB Civil Second Appeal 240/2016 whereby appeal filed by applicants was dismissed on merits.

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The review petition has been filed alleging inter alia that the second appeal was filed, challenging the judgment and decree dated 20.05.2016 and 26.03.2012, which suffer from perversity, infirmity and material irregularity, which could not be pointed out at the time of hearing of second appeal.

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A perusal of order dated 23.03.2022 shows that the decree for permanent injunction issued in favour of respondents-plaintiffs by the trial Court, which was affirmed by the first appellate Court was sought to be challenged by petitioners and this Court after

(2 of 2)

[2023/RJJP/012547]

[CRW-23/2022]

hearing learned Senior Counsel for appellant has decided the second appeal. The scope of review is limited and in the disguise of review, the judgment is not allowed to be assailed before the same Court. Petitioners have not pointed out any error apparent on the face of record, therefore, the review petition is not liable to be entertained and same is hereby dismissed.

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Stay application and other pending application(s), if any, stand disposed of.

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(SUDESH BANSAL),J

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NITIN /36

Maya Devi W/O Shri Narottam Lal v. Ashok Kumar, S/O Laxmi Narain

Case brief

What is this about?

What did the court decide?

Maya Devi W/O Shri Narottam Lal v. Ashok Kumar, S/O Laxmi Narain

Case brief

What is this about?

What did the court decide?

What the court decided

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